LexThe Himachal Pradesh Single Window (Investment, Promotion and Facilitation) Act, 2018
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. State Single Window Clearance and Monitoring Au thority.
4. Powers and Functions of the State Single Window Clearance
and Monitoring Authority.
5. State Single Window Nodal Officer (SWNO).
6. Functions of the State Single Window Nodal Offi cer.
7. Departmental Nodal Officer.
8. State Review Committee.
9. Powers and functions of the State Review Commit tee.
10. State Investment Promotion and Facilitation Ce ll.
11. Role and functions of the State Investment Pro motion and
Facilitation Cell.
12. Procedure for granting clearances.
13. Deemed clearances.
14. Timelines for granting clearances.
15. State Single Window Web Portal.
16. Common Application Form.
17. Self-Certification by the Applicants.
18. Memorandum of Understanding.
19. Rationalisation of inspections.
20. Protection of action taken in good faith.
21. Penalties.
22. Revision.
23. Confidentiality.
24. Transitional provisions.
25. Appeals.
26. Act to have an overriding effect.
2 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
27. Powers to remove difficulties.
28. Powers to make rules.
_____________
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
(ACT NO. 5 OF 2018)
1
(Received the assent of the Governor on the 18 th May, 2018 and was
published in the Rajpatra (e-Gazette), Himachal Pra desh dated 24 th May,
2018, pp. 1770-1795).
An Act to provide for time bound clearances for set ting up of an
industrial undertaking, commencement of production therein and
promotion of industrial development in the State.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Sixty-ninth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Himachal Pradesh Single Window (Investment, Promoti on and Facilitation)
Act, 2018.
(2) It shall come into force on such date as the Go vernment may, by
notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint, and
different dates may be appointed for different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Appellate Authority” means the Authority as e mpowered
under section 25 of the Act;
(b) “Applicable laws” means Acts, Rules or Regulat ions, as may
be prescribed;
(c) “Applicant” means a person including an entrep reneur, who
himself or on behalf of a legal entity on being so authorized,
makes an application for grant of requisite clearan ces for the
setting up and commencement of production of his in dustrial
undertaking or expansion of existing industrial undertaking;
(d) “Appropriate Authority” means any Department or Agency of
the Government or statutory body which is entrusted with the
powers and responsibilities to grant clearances for setting up
and commencement of operations of an enterprise in the
State;
(e) “Clearance” means granting of no-objection cer tificate,
consent, approval, permission, registration, enrolm ent,
1 Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra(e-Gazette), Himachal P radesh, dated 6 th April, 2018,
pp. 114 and 126.
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PR OMOTION 3
AND FACILITATION) ACT, 2018
license, concession and the like by any Appropriate Authority
or a Departmental Nodal Officer in connection with the
setting up and subsequent operation of an enterpris e in the
State and will include all such permissions as are required
under any applicable laws;
(f) “Common Application Form (CAF)” means e-applic ation
form prescribed for applying for clearances through online
State Single Window Portal;
(g) “Competent Authority” means a duly authorised officer of the
Appropriate Authority who has been notified as an o fficer
competent to grant all requisite clearances and the like which
are required to be obtained from that Authority for the setting
up an industry and commencement of production there in in
the State;
(h) “Department” means a department of the State G overnment;
(i) “Departmental Nodal Officer” means an officer of the
concerned Appropriate Authority, so designated and notified
as Competent officer under this Act to specifically receive,
process and convey the clearances, decision of such Authority
to the applicant or to the State Single Window Nodal Officer;
(j) “Director” means the Director of Industries De partment;
(k) “e-application” means Common Application submi tted by the
Applicant through online State Single Window Portal;
(l) “Government” or “State Government” means the G overnment
of Himachal Pradesh;
(m) “Industrial Policy” means the Industrial Polic y or schemes of
the Central Government or the Government of Himacha l
Pradesh, as may be applicable and notified from tim e to time
for industrial promotion, regulation or administration;
(n) “Industrial undertaking” means an undertaking engaged in
manufacturing or processing or both, or providing s ervice of
doing any other business or commercial activity;
(o) “Notification” means a notification published in the Rajpatra
(e-Gazette), Himachal Pradesh;
(p) “Notified time frame” means the timelines as p rescribed for
granting the specified clearances;
(q) “prescribed” means prescribed by rules made un der this Act;
(r) “State Investment Promotion and Facilitation C ell” means a
cell as constituted under sub-section (1) of sectio n 10 of this
Act, operating under the Department of Industries f or
receiving, processing and taking a decision on the e-
Application;
4 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
(s) “State Review Committee” means a committee as constituted
under section 8 of this Act;
(t) “State Single Window Clearance and Monitoring Authority”
means the State Single Window Clearance and Monitor ing
Authority as constituted under Section 3 of this Act;
(u) “State Single Window Nodal Officer (SWNO)” mea ns an
officer appointed under section 5 of this Act; and
(v) “State Single Window Portal” or “Web Portal” m eans a web-
portal set up under section 15 of this Act.
3. State Single Window Clearance and Monitoring Authority.- (1)
The State Government shall by notification constitu te a State Single Window
Clearance and Monitoring Authority consisting of the following, namely :-
(a) Chief Minister, Himachal Pradesh Chairman;
(b) Industries Minister, Himachal Pradesh Vice-Cha irman;
(c) Chief Secretary to the Government Member;
(d) Secretary (Industries) to the Government Memb er;
(e) Secretary (Revenue) to the Government Member ;
(f) Secretary (Forest) to the Government Member;
(g) Secretary (Labour) to the Government Member;
(h) Secretary (Town and Country Planning) Member ;
to the Government.
(i) Secretary (Urban Development) to the Member;
Government
(j) Secretary (Environment, Science and Member;
and Technology) to the Government.
(k) Director of Industries Department Member
Secretary.
(2) The Government may, by notification, alter the constitution of the
State Single Window Clearance and Monitoring Authority.
4. Powers and Functions of the State Single Window Clearance
and Monitoring Authority.- (1) All investment proposals, above Rupees Ten
crore, for setting up of industrial undertakings or expansion of the existing
industrial undertakings shall be placed before the State Single Window
Clearance and Monitoring Authority for approval in-principle.
(2) The State Single Window Clearance and Monitorin g Authority
may also take up the proposals recommended by the State Review Committee.
(3) The members of the State Single Window Clearanc e and
Monitoring Authority shall personally attend the me eting and in case such
member is unable to attend the meeting, he shall de pute a senior officer to
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PR OMOTION 5
AND FACILITATION) ACT, 2018
attend the meeting with an authorization in writing to take appropriate
decisions in the meeting.
(4) The State Single Window Clearance and Monitorin g Authority
shall meet at such intervals and at such place, as the Chairman of the
Authority may decide.
(5) The State Single Window Clearance and Monitorin g Authority
shall examine the applications for giving clearance s, special concessions,
exemptions or relaxations under the provisions of l aw, after taking into
consideration the comments of the Department, if an y, and make the
recommendations to the Government.
(6) The State Single Window Clearance and Monitorin g Authority
may grant approval in principle for setting up of i ndustrial undertakings or
expansion of existing industrial undertaking in the State.
(7) On specific request of the applicant(s), the St ate Single Window
Clearance and Monitoring Authority may also make re commendations to the
State Government to grant special financial incenti ves or package over and
above the policy provisions for the new or existing industrial undertakings in
the interest of the State.
(8) After the approval or recommendations under sub -section (6) or
sub-section (7), the Appropriate Authority, on comp letion of the required
codal formalities by the applicant, shall issue the required clearances after
following the prescribed procedure.
(9) The State Single Window Clearance and Monitorin g Authority
may review its own decisions either on its own moti on or on receipt of a
representation from any quarter.
5. State Single Window Nodal Officer (SWNO).- The Director of
Industries will be the State Single Window Nodal Of ficer. The Government
may also appoint any other officer(s), not below th e rank of Deputy Director,
to assist the State Single Window Nodal Officer for discharging the functions
as specified in this Act. The State Single Window N odal Officer and other
officers appointed under this section shall underta ke the investment
promotional activities and render necessary guidanc e and assistance to the
entrepreneurs to set up industrial undertakings in the State.
6. Functions of the State Single Window Nodal Offic er.- The
powers and functions of the State Single Window Nodal Officer will be,-
(a) to receive e-application and forward the same to the
Departmental Nodal Officer of the Department concer ned for
comments;
(b) to place all the proposals above Rupees Ten cr ore before the
State Single Window Clearance and Monitoring Authority for
decision;
6 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
(c) to co-ordinate with all the Departmental Nodal Officers in
accordance with the procedure prescribed to obtain required
clearances;
(d) to provide all necessary assistance to the app licant(s) to set up
industrial undertaking(s) in the State;
(e) to co-ordinate all efforts for promoting inves tments and other
related activities in the State;
(f) to act as a Competent Authority to sign all do cuments,
approvals, sanctions, grants or instructions requir ed to be
issued to the industrial undertaking(s);
(g) to monitor investments in various projects for which the
approval has been granted by the State Investment P romotion
and Facilitation Cell, the State Review Committee o r the
State Single Window Clearance and Monitoring Authority, as
the case may be;
(h) to prepare and submit monthly, quarterly, half yearly and
yearly progress reports to the State Single Window Clearance
and Monitoring Authority and the State Government; and
(i) to perform any other job assigned by the State Single
Window Clearance and Monitoring Authority or the
Government, as the case may be.
7. Departmental Nodal Officer.- (1) The Secretary in each
department shall appoint a Departmental Nodal Offic er, who shall act as the
Competent Authority to exercise the powers for gran ting clearances required
from the concerned Department under their respective applicable laws.
(2) The Departmental Nodal Officer will be the single point of contact
for the State Investment Promotion and Facilitation Cell for granting
clearance(s).
(3) The Departmental Nodal Officer will co-ordinate and follow up
with the field offices of the respective Department with regard to the pending
clearance(s) and will ensure grant of clearance(s) by his Department in time.
(4) For the purpose of this Act, the Departmental N odal Officer shall
work under the overall supervision of the State Sin gle Window Nodal Officer
(SWNO), who may be authorised to initiate their Ann ual Appraisal Report, in
part.
8. State Review Committee.- (1) The State Review Committee shall
consist of the following, namely:-
(a) State Single Window Nodal Officer Chairman;
(b) Departmental Nodal Officer, Excise and Member ;
Taxation Department.
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PR OMOTION 7
AND FACILITATION) ACT, 2018
(c) Departmental Nodal Officer, Himachal Member;
Pradesh State Electricity Board Limited
(d) Departmental Nodal Officer, Labour Member;
Department.
(e) Departmental Nodal Officer, Himachal Member;
Pradesh State Pollution Control Board.
(f) Departmental Nodal Officer, Horticulture Membe r;
Department.
(g) Departmental Nodal Officer, Town and Member;
Country Planning Department
(h) Departmental Nodal Officer, Forest Member;
Department.
(i) Departmental Nodal Officer, Irrigation Member ; and
and Public Health Department.
(j) Departmental Nodal Officer, Industries Member
Department. Secretary.
(2) The Committee may co-opt a professional as a me mber, if so
required, for proper and effective discharge of its functions.
(3) The members of the committee will attend the meeting personally.
(4) Half the number of members will be required to constitute quorum
to hold the meeting of the Committee.
(5) The Committee may meet at least once in thirty days at such
place, as may be decided by the Chairman.
(6) The members of the Committee will take up the i nvestment
applications requiring clearances from their respec tive Departments and will
adhere to timelines, as may be prescribed, or the shorter timelines specified by
the State Single Window Clearance and Monitoring Au thority or by the State
Review Committee, as the case may be.
(7) Approval accorded by the Committee will be bind ing on all the
concerned Departments.
(8) The Committee may hire the services of professi onal(s) or
consultant(s) in the State Investment Promotion and Facilitation Cell to
promote industrialisation in the State, and to prov ide handholding support to
the applicants, desirous of setting up industrial undertakings in the State.
9. Powers and functions of the State Review Committ ee.- The
powers and functions of the State Review Committee shall be,-
(a) to examine, consider and process the proposals received from
the applicant(s) for establishment or expansion of industrial
undertakings;
8 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
(b) to facilitate obtaining of required clearances or comments, as
the case may be, on e-applications;
(c) to forward all approved e-applications or proj ects to the State
Investment Promotion and Facilitation Cell for rend ering
further handholding till the project reaches the commissioning
of commercial production stage or thereafter during the
lifecycle of the project;
(d) to monitor and review the progress of granting required
clearance(s), the status of sanctioned projects, di fficulties
being faced by them, or functioning of the Online S ingle
Window Web Portal and the State Investment Promotio n and
Facilitation Cell;
(e) to forward unapproved e-applications to the St ate Investment
Promotion and Facilitation Cell for handholding and
guidance;
(f) to recommend amending of the timelines, as pre scribed to
facilitate ease of doing business in the State;
(g) to monitor the submission of appeals to the St ate Single
Window Clearance and Monitoring Authority and imple ment
its directives;
(h) to submit half yearly action taken report to t he State Single
Window Clearance and Monitoring Authority; and
(i) to carry out such other functions as may be as signed to it by
the State Single Window Clearance and Monitoring Authority
or the State Government.
10. State Investment Promotion and Facilitation Cel l.- (1) The
Government shall set up a State Investment Promotion and Facilitation Cell in
the Directorate of Industries to provide secretaria t support to the State Single
Window Clearance and Monitoring Authority and the S tate Review
Committee. The Cell will also act as an industrial investment promotion and
facilitation support centre, for handholding and su pporting the applicants or
budding entrepreneurs and the new and existing industrial undertakings.
(2) The officers of Industries Department at the district and local level
will act as local nodes of the State Investment Promotion and Facilitation Cell
for disposing of all investment proposals in the St ate received through the
Common Application Form. The Cell shall work with t he Officers of the
Industries Department across the State to establish a State wide hub and spoke
structure which will address business concerns and issues collectively with
them.
(3) The Departmental Nodal Officers will also be th e Officers of the
State Investment Promotion and Facilitation Cell.
11. Role and functions of the State Investment Prom otion and
Facilitation Cell.- (1) The State Investment Promotion and Facilitation Cell
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PR OMOTION 9
AND FACILITATION) ACT, 2018
will be responsible for receiving the eapplications , their subsequent
processing as per the procedure laid down in this Act and take the proposals to
the State Single Window Clearance and Monitoring Au thority or the State
Review Committee, as the case may be.
(2) The State Investment Promotion and Facilitation Cell will function
as an expert project approval, monitoring and imple mentation group, which
will act as a single focal point of interface betwe en applicants and the
Government Departments for facilitating the new inv estment proposal(s),
providing necessary assistance for setting of the p rojects approved by the
State Single Window Clearance and Monitoring Author ity or the State
Review Committee, assisting the applicants in obtai ning required clearances
from the Departments concerned, in a time bound manner.
(3) It will co-ordinate with all departments throug h concerned
Departmental Nodal Officer or with the officers of the Appropriate Authority
deputed with the Cell to help implementation of the projects on ground.
(4) The State Investment Promotion and Facilitation Cell will also
provide handholding support to the industrial under takings in resolving any
functional difficulties throughout their lifecycle.
(5) The State Investment Promotion and Facilitation Cell may set up
and maintain a helpline number and grievance redres sal mechanism to
facilitate entrepreneurs and redress their grievances.
(6) The State Investment Promotion and Facilitation Cell will issue
incentive eligibility certificate, wherever require d, and help the applicants in
applying for admissible incentives, concessions and facilities and sanctioning
thereof.
(7) The State Investment Promotion and Facilitation Cell shall
monitor the functioning of industrial undertakings or projects established in
the State and present half yearly report to the Sta te Single Window Clearance
and Monitoring Authority and the State Review Committee.
(8) The State Investment Promotion and Facilitation Cell will
maintain an integrated web portal for providing rel evant online sectorial
information to the potential investors with regard to land-banks, the State
Policies, incentives, etc.
(9) The State Investment Promotion and Facilitation Cell may
organize workshops, seminars, investment promotion activities to promote
investment in the State, in the country or abroad.
(10) The State Investment Promotion and Facilitatio n Cell may
appoint consultants on need basis as are required to perform its functions.
(11) The State Investment Promotion and Facilitatio n Cell will
exercise all or any specific powers or functions as signed by the State Single
Window Clearance and Monitoring Authority or the St ate Government from
time to time.
10 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
12. Procedure for granting clearances.- Notwithstanding anything
contained in any other law, the following procedure will be followed by the
applicants and all Departments for granting clearan ces for setting up of
industrial undertakings in the State,-
(a) All applicants shall apply through e-applicati ons;
(b) All e-applications shall be assigned a referen ce number by the
system automatically which may be used by the appli cants to
check the status of the same online;
(c) The applicants will be kept informed at all st ages of
processing of applications by way of Short Message Service
(SMS) or email or both;
(d) All e-applications, complete in all respects, received by the
State Single Window Nodal Officer will be initially examined
by him in the State Investment Promotion and Facili tation
Cell;
(e) The e-applications will thereafter be forwarde d electronically
to the concerned Departmental Nodal Officer;
(f) The Departmental Nodal Officer shall access th e e-
application through the web-portal, the link of whi ch shall be
made available to him by the State Investment Promotion and
Facilitation Cell;
(g) The Appropriate Authority shall also notify th e procedure for
the grant of required clearances and publish the sa me in their
respective Departmental websites;
(h) The Departmental Nodal Officer may work in his
Department or may be deputed to the State Investmen t
Promotion and Facilitation Cell. He may have assist ance of
such officials, as may be provided to him, by his p arent
Department;
(i) The approvals or observations, if any, by the D epartmental
Nodal Officer will be sent electronically to the St ate Single
Window Nodal Officer and will be accessible to the
applicants also;
(j) The applicants, in case of observations, will send their reply
to the State Single Window Nodal Officer who will f orward
the same to the concerned Departmental Nodal Office r. All
observations of the Department will be conveyed by the
Departmental Nodal Officer in one go. Any subsequen t
clarification(s), if found absolutely necessary, wi ll be
obtained and settled within seven working days, and the final
decision will be conveyed to the State Single Windo w Nodal
Officer within the time period specified;
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PR OMOTION 11
AND FACILITATION) ACT, 2018
(k) While processing and granting clearance, the A ppropriate
Authority may ask for any additional information fr om the
applicants :
Provided that such additional information shall be
sought by the Appropriate Authority within the peri od
prescribed for granting such clearance and that any additional
information shall be called for only once;
(l) In case, additional information is sought for clearance (s), the
e-application shall be disposed of within the stipulated period,
which shall be counted from the date of receipt of the
additional information;
(m) The e-applications shall be disposed of at the earliest and
under no circumstances later than such period, as m ay be
prescribed;
(n) In case of rejection of e-application by the D epartmental
Nodal Officer, the same shall be conveyed within gi ven time
frame to the State Single Window Nodal Officer, by giving
detailed reasons of rejection;
(o) The approval shall be conveyed by the Departme ntal Nodal
Officer electronically to the applicant(s) and the clearance
letter duly signed electronically or manually shall be
uploaded on the web portal for information and downloading;
(p) The provision will also be made in the web por tal for
verification of clearance(s); and
(q) The applicant(s) shall be liable to make payme nts, as may be
prescribed for all the required clearances.
13. Deemed clearances.- (1) In case, the Departmental Nodal Officer
or Appropriate Authority does not respond to the e- application forwarded by
the State Single Window Nodal Officer or the State Investment Promotion and
Facilitation Cell, within the prescribed timeline, the requisite clearances
applied for by the applicant, shall be deemed to ha ve been granted and no
further objection, will be raised :
Provided that e-applications, technically in order for granting
clearances, shall only qualify for deemed clearance(s).
(2) A clearance certificate under the sub-section ( 1) shall be issued to
the applicant by the concerned Departmental Nodal O fficer, after obtaining
the fee as may be prescribed.
(3) The granting of deemed clearance under sub-sect ion (1) shall be
binding on the concerned Departments and shall be g ranted through web
portal.
14. Timelines for granting clearances.- (1) All new proposals or
proposals for expansion of the existing industrial undertakings which need
12 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
clearances under one or more of the applicable laws , will be eligible for
facilitation under this Act.
(2) For all clearances, the Departmental Nodal Offi cer will process
such e-applications, as and when, received by him, within the timeline as may
be prescribed.
15. State Single Window Web Portal.- The State Investment
Promotion and Facilitation Cell will maintain and o perate a web-portal for
filing of e-applications, for grant of clearances a nd for setting up an industrial
undertaking in the State and under various applicab le laws. The State Single
Window Nodal Officer will operate the portal as adm inistrator. The nodes of
the portal will be made available to all the Approp riate Authorities enabling
them to access the portal from their respective offices.
16. Common Application Form.- (1) The Common Application
Form will be used to file e-applications, alongwith fees as may be prescribed,
in lieu of the existing multiple forms being used u nder various laws. All
concerned Appropriate Authorities will accept such e-applications for
processing and granting requisite clearances.
(2) The Common Application Form shall be in a forma t as may be
prescribed.
17. Self-Certification by the Applicants.- (1) In order to comply
with the provisions of the applicable laws every ap plicant may furnish
requisite information with self-certification, in s uch form as may be
prescribed, at the time of submitting the e-application.
(2) The self-certification furnished as per sub-sec tion (1) by the
applicants will be accepted by the appropriate auth ority for the purpose of
granting of clearances and giving other benefits to the applicants.
18. Memorandum of Understanding.- (1) The Chairman of the State
Review Committee or any other Officer authorised by the State Government
in this behalf may sign a Memorandum of Understandi ng with the applicant
desirous of setting up an industrial undertaking in the State, if so, approved by
the State Single Window Clearance and Monitoring Au thority or the State
Government, as the case may be.
(2) The Memorandum of Understanding shall be signed in the format,
as may be prescribed.
19. Rationalisation of inspections.- The State Single Window
Clearance and Monitoring Authority may direct the A ppropriate Authority to
conduct inspections through empanelled third party inspectors, or conduct
joint inspections required to be undertaken under t he provisions of applicable
laws. However, inspection on specific complaints ma y be conducted by the
Appropriate Authority.
20. Protection of action taken in good faith.- No suit, prosecution or
other legal proceedings will lie against the Chairp erson or the member of the
State Single Window Clearance and Monitoring Author ity or the State
THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT, PR OMOTION 13
AND FACILITATION) ACT, 2018
Review Committee or any employee of the Government, of anything which is
done in good faith or intended to be done, under th is Act or any rule made
thereunder.
21. Penalties.- (1) Any applicant who gives false information or fa ils
to comply with the conditions or undertakings in th e self-certification given
on the web portal or to any Appropriate Authority, as the case may be, will
face penalty which may extend to Rupees Fifteen tho usand for the first
offence and upto Rupees Twenty five thousand for th e second or subsequent
offences.
(2) The Director, Industries Department will be the Competent
Authority to pass an order to impose a penalty under sub-section (1) :
Provided that no order of penalty will be passed wi thout giving the
concerned person an opportunity of being heard.
(3) The Director, Industries Department will commun icate order
passed under sub-section (2) to the applicant conce rned. The applicant will
have to deposit the amount of such penalty with the State Investment
Promotion and Facilitation Cell within thirty days from the date of
communication of the order.
(4) In case of undue delay in processing the case f or clearances as per
the time schedule prescribed, action shall be taken against the concerned
officer by the concerned Disciplinary Authority und er the applicable Service
Conduct Rules.
22. Revision.- (1) Notwithstanding anything contained in any law, the
State Government may, either on its own or on an ap plication made to it in
this behalf, call for the record of any proceeding before any Competent
Authority or the State Authority or State Review Co mmittee and examine the
propriety of the proceedings or orders passed there in, so as to ensure that the
orders are neither against the public policy nor ag ainst the provisions of law,
and pass such orders as it may think fit within one year of issuance of the
orders, being so revised in case of rejection of th e application for permission
and within three months in case of grant of permission.
(2) The order passed by the Government under this s ection shall be
final and binding on all concerned.
23. Confidentiality.- No agency or authority of the Government or,
any local authority, including any functionaries th ereunder, shall disclose to
any other applicant or to a person not duly authori sed, any information
forming the intellectual property of the investor w ithout the consent of such
investor :
Provided that all information in respect of the terms and conditions of
the investment made in the State and the facilities , if any, provided to the
investor by the Government or Appropriate Authority shall be notified by the
Government, for information of the public.
14 THE HIMACHAL PRADESH SINGLE WINDOW (INVESTMENT,
PROMOTION AND FACILITATION) ACT, 2018
24. Transitional provisions.- The provisions of this Act shall apply
to all investment proposals that have been under co nsideration of the
Government or Appropriate Authority on the date of commencement of this
Act, if the concerned investor so opts by submitting an e-application.
25. Appeals.- Any applicant aggrieved by the orders of,-
(a) the State Single Window Nodal Officer or the D epartmental
Nodal Officer or State Review Committee may file an appeal
to the State Single Window Clearance and Monitoring
Authority; and
(b) the State Single Window Clearance and Monitori ng Authority
may file an appeal to the State Government within a period of
thirty days from the date of the receipt of the order.
26. Act to have an overriding effect.- The provisions of this Act
shall have effect notwithstanding anything inconsistent contained in any other
State law, for the time being in force :
Provided that fine, penalty or duty etc., if any, u nder the applicable
laws will be imposed as per provisions of such applicable laws.
27. Powers to remove difficulties.- (1) If any difficulty arises in
giving effect to any of the provisions of this Act, the State Government may,
by general or special order published in the Rajpat ra (e-Gazette), Himachal
Pradesh, make such provisions not inconsistent with the provisions of this Act
or rules made thereunder, as may appear to be neces sary or expedient for
removing the said difficulty :
Provided that no order under this section shall be made after expiry of
a period of two years from the commencement of this Act.
(2) Every order made under this section shall be la id, as soon as may
be, after it is made, before the Legislative Assembly.
28. Powers to make rules.- (1) The State Government may, by
notification, make rules for carrying out the purposes of this Act.
(2) All the rules made under this Act shall be laid , as soon as may be
after they are so made, before the Legislative Assembly, while it is in session,
for a period of not less than fifteen days, which m ay be comprised in one
session or in two successive sessions and, if before the expiry of the session in
which they are so laid or of the session immediatel y following, the Assembly
makes any modification(s) in the rules or the Assem bly decides that the rules
should not be made, such rules shall have effect only in such modified form or
be of no effect, as the case may be.
However, that any such modification or annulment sh all be without
prejudice to the validity of anything done earlier thereunder.
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